IN THE CASE OF:
BOARD DATE: 16 December 2014
DOCKET NUMBER: AR20140008866
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his foreign service in Camp Riedenberg, Salzburg, Austria.
2. The applicant states, in effect, his record is incomplete because it does not show he was drafted out of the Reserves due to Russian threats. He was sent to Camp Riedenberg, Salzburg, Austria, for training as a bus driver and armed guard at the motor pool. They were expecting possible Russian attacks. He requests correction of his record to show this service.
3. The applicant provides copies of his:
* letter to the Army Review Boards Agency, dated 5 May 2014
* separation orders, dated 8 June 1955
* DD Form 214
* National Archives (NA) Form 13038 (Certification of Military Service), dated 14 March 2014
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed his records were lost or destroyed in that fire; however, there were sufficient documents remaining in a reconstructed record to conduct a fair/impartial review of this case.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 3 August 1953. He was released from active duty on 9 June 1955.
a. Item 24 (Foreign and/or Sea Service) of his DD Form 214 shows he completed 1 year, 3 months, and 26 days of foreign service.
b. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the National Defense Service Medal and the Army of Occupation Medal (Germany).
4. There is no indication in his available records that he served in Austria.
5. Army Regulation 600-8-22 (Military Awards) states the Army of Occupation
Medal with Germany Clasp is also authorized for the Army of Occupation of
Austria between 9 May 1945 and 27 July 1955.
6. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The version of the DD Form 214 in effect from 1951 to 1962 shows total foreign service in item 24.
DISCUSSION AND CONCLUSIONS:
1. The applicant's requests correction of his records to show he served in Camp Riedenberg, Salzburg, Austria.
2. His DD Form 214 shows he served 1 year, 3 months, and 26 days of foreign service and he was awarded the Army of Occupation Medal (Germany). He may very well served in Austria (for which the Germany Clasp was also given); however, only total foreign service was entered on the DD Form 214.
3. In view if the above, the applicant's request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x____ ___x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ x ______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20140007664
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ABCMR Record of Proceedings (cont) AR20140008866
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